Health Law Highlights

Texas Medical Board Cracking Down on IV Hydration

From Hendershot & Cowart, PC, by Keith Lefkowitz: 

  • The Texas Medical Board (TMB) has addressed the rise of medical business models offering intravenous (IV) vitamin therapy or hydration, cautioning that these could potentially violate Texas regulations. TMB President, Dr. Sherif Zaafran, emphasized that IV therapy is a medical procedure and must be conducted under the supervision of a licensed physician or delegated non-physician.
  • Physicians are advised to ensure that such IV hydration services are therapeutically beneficial or necessary for the patient’s treatment, and are properly diagnosed and documented. 
  • The TMB warns against offering medical treatments as a “menu” for patients to choose from without proper medical assessment. The provision of medically unnecessary services could be seen as unprofessional conduct and a violation of the Medical Practice Act and TMB Rules.
  • A patient must be examined by a qualified healthcare practitioner, who should perform appropriate diagnostic tests and develop a diagnosis before prescribing drug therapies. Prescription of drugs without determining medical necessity may breach the Medical Practice Act and TMB Rules.
  • The TMB has strict guidelines for standing delegation orders and standing medical orders, including the types of medicines that may be provided. Physicians are encouraged to review the TMB regulation, Chapter 193 – Standing Delegation Orders, for full guidance on the rules related to delegation and supervision requirements and responsibilities.